MUHAMMAD YASEEN vs State S — 2021 SCMR 404 SUPREME-COURT

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MUHAMMAD YASEEN VS State S. 7(a)--- Penal Code (XLV of 1860), Ss. 302(b) & 148---Kidnapping, qatl-i-amd, rioting armed with deadly weapons---Reappraisal of evidence---Condition of corpse casting doubts over its identification---Recovered dead body of deceased was burnt from neck to head, missing limbs and skin and muscles from head to face---Overall condition of the corpse seriously hampered the possibility of its identification beyond doubt and, according to the witness, it was identified on the basis of clothes, a mobile phone handset and some papers found in the pocket---Presence of a mobile phone handset and papers left with the corpse to provide space to the possibility of identification by the witnesses was in itself is a circumstance far from being plausible---Condition of the corpse, particularly massive burns, belied the possibility of its presence at an openly accessible place underneath a boulder, a circumstance that in retrospect seriously cast doubts over the alleged disclosure of location of dead body by the accused---Statement of prosecution witness who identified the accused was limited to the extent of the accused handing over of a chaddar and chappal purportedly last worn by the deceased---Question was as to why the accused would undertake such a foolish exercise when he had allegedly taken pains to conceal the dead body with the additional steps of setting ablaze its face to blur the identity---Seizure of casing from the spot did not help the prosecution case much as it was secured after lapse of a period exceeding three weeks---Argument that the accused was roped in after deliberation and consultation spanning over a pretty long period of time exactly on the day the dead body was recovered could not be dismissed out of hand---Furthermore acquittal of one of the co-accused, though assigned a somewhat different role, nonetheless, was yet another setback to the prosecution case, more so, since the acquittal went unchallenged---Prosecution evidence was fraught with doubts, substantially failing to constitute chain of circumstances to conclusively establish accused's culpability beyond doubt---Appeal was allowed and accused was acquitted of the charge.

MUHAMMAD YASEEN vs State S — 2021 SCMR 404 SUPREME-COURT

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